UNAIR NEWS There is no objections in improving judges recruitment process at Constitutional Court (MK), Republic of Indonesia. One of possible alternative is by involving a trusted independent team.
The statement was clarified by a lecturer of Administrative Law Department, Faculty of Law, 51动漫, Mohammad Syaiful Aris, S.H., M.H., in respond to the discourse of recruitment process reshuffling of MK judges. The discourse popped up after one of the constitutional judges by the initial of PA was caught red-handed in an operation by Corruption Extermination Commission last January.
That was not the first time a constitution judge got involved in a case. Before that, ex-Chairman of MK Akil Mochtar also got involved in a corruption case when he was dealing with a case of a region head and he was fired in 2013. In 2011, an MK judge Arsyad Sanusi resigned after he was proven to be involved in an ethic code violation about document forgery.
Aris noted that poor recruitment process was one cause of such cases. So far, as stipulated in the Constitution of NKRI 1945 article 24 C verse 3, constitution judge candidates were proposed by three institutions namely the Supreme Court, House of Representatives, and the President. Although it was not easy to change the mechanism, it would be a good idea if public were involved in the submission of constitution judge candidates.
淚deally, the institutions who propose the names in the recruitment process must be selected well. In my opinion, although they said institutions have the authority to do it, isn檛 it possible to involve a credible independent team trusted by public?潩 he said.
One crucial point to be noted during the recruitment process was the integrity and characters of each judge candidate. 淎s far as I remember during selection phase there were some notes from public about Patrialis Akbar, said Aris.
In addition, there has been no control over MK since the institution set up in 2003 decided that constitution judge weren檛 under the control of Judicial Commission control.
淲hen nobody supervises you, the potential to deviate becomes much bigger, added Aris.
Author: Pradita Desyanti
Editor: Defrina Sukma S
